The Bench & Bar magazine is published to provide members of the KBA with information that will increase their knowledge of the law, improve the practice of law, and assist in improving the quality of legal services for the citizenry.
Issue link: https://kentuckybenchandbar.epubxp.com/i/104896
determine if provisions need to be modified, and develop new initiatives to build on the foundation of the law. Assessing the real risks The success of these initiatives lies in fundamentally shifting the way we view crime and punishment in Kentucky. Conventional wisdom of the past three decades implied that locking up more people, for longer periods of time, meant safer communities. Evidence, however, suggested otherwise.5 According to the risk assessment findings of Dr. James Austin of The JFA Institute,6 a nationally recognized firm that works with jurisdictions around the country to implement more effective criminal justice policies: • Only a small percentage of all arrests in Kentucky are of released inmates. When they do occur, most arrests occur within the first 12 months of release. • Female offenders have lower recidivism rates than male offenders. • Low-risk offenders actually do worse under supervision than offenders who are determined to be moderate or high-risk. • Treatment can have a modest effect on recidivism, but works best with high-risk individuals. Along with data and analysis from the Public Safety Performance Project at the Pew Center on the States,7 these find- ings, which seem counter to the common notion of public safety, provided quantifiable strategies for targeting our resources. In short, they provided a game plan for who should be supervised, when, and for how long. Efforts paying off While the number of state inmates is fluid, rising and falling with the uncontrollable fluctuation of offenders entering the system, there is ample evidence that our concerted efforts are paying off: • We've dramatically changed the trajectory of our felon population. According to a 2008 forecast by Dr. Austin, Kentucky's felon population had been projected to total about 25,000 by fiscal year 2012.8 After statutory changes in 2008 and 2009 aimed at reversing that trend, the forecast had dropped to nearly 23,000 by June 2012.9 And while today's actual prison population – hovering around 22,000 – is higher than it was forecasted to be after the implementation of HB 463, the evidence strongly suggests that the population would have been much higher without the initiatives in this law. • Kentucky's recidivism rate has steadily declined. In fact, the current three-year rate – the percentage of offenders who left DOC custody in 2008 and had returned by the end of 2011 – plunged to 36.9 percent, FIDUCIARY ACCOUNTINGS MADE PROFITABLE: High quality, comprehensive accountings for trusts, estates, and guardianships coupled with an efficient process ensuring speed and accuracy. Our service lowers your costs, saves your time, and improves your reputation. And that will . . . INCREASE YOUR PROFITS Call or write today to see a sample estate accounting: Stephen J. Matteucci, J.D., LL.M. sjm@accurateaccountings.com (502) 365-4506 8 Bench & Bar January 2013 nearly a 4 percentage point drop from the previous year. • And, most importantly, these drops in inmate numbers have not come at the expense of public safety, contrary to fears that crime rates would spike. Data from the Kentucky State Police indicate a continued downward trend for all Part I crimes when comparing year-to-date numbers from the middle of October 2011 with the same time frame this year:10 • Murder cases are down by 2 (72 YTD as of October 2011 versus 70 YTD as of October 2012); • Rape cases have plunged by more than half (457 last year compared to 208 this year); • Robbery cases have dropped by 18 (126 versus 108); • Assault cases are down by 15 (404, as compared to 389); • Burglary cases are down by 192 (2,183 versus 1,991); • Larceny crimes have dropped by 315 (2,373 compared to 2,058); • Auto thefts have declined by 5 (430 versus 425); and • Arson cases have tumbled 17 percent from the previous year (119 cases in 2011 compared to 99 in 2012.) A guided re-entry In order to educate the many stakeholders – judges, prosecutors, defense attorneys, judicial and correctional staff, and law enforcement officers – as well as hire and train more than 100 new probation and parole staff, lawmakers staggered the effective dates of HB 463's provisions. The majority of these provisions went into effect in June 2011, while a second major component, Mandatory Reentry Supervision (MRS) was implemented January 1 of this year. Under MRS, a segment of the inmate population is released six months prior to the completion of their sentences. These offenders are still under the custody of the Department of Corrections, are supervised by a parole officer, and are provided assistance during that sixmonth period in order to help them transition back into their communities.